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(영문) 전주지방법원 2015.04.21 2015고단91
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a three-dimensional car.

On January 14:30, 2015, while the Defendant driven the said vehicle while under the influence of alcohol with 0.22% of blood alcohol level 0.22%, and proceeded to the left at about 50km per hour from the two-lanes in front of the new gold intersection in the city of Kim Jong-si, the Defendant neglected to perform the duty of her front left-way in the situation where it is difficult for the Defendant to drive the vehicle under the influence of alcohol and make it difficult for him/her to drive the vehicle normally. On the part of his/her duties, the Defendant was negligent in performing the duty of her front-way left-way in the situation where he/she finds it difficult to drive the vehicle under the influence of alcohol, while failing to accurately manipulate the steering, steering devices, direction-setting instructions, etc., on the part of the victim D (the age of 48) running the said vehicle under the influence of alcohol level, and received the front part of the said feed transport vehicle.

Thus, the defendant suffered the victim's salt, tensions, etc. in the chill that requires the victim's treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A report on the occurrence of a traffic accident, a traffic accident report (1) and a traffic accident report (2) (2).

1. Evidence and photographs of the traffic accident site;

1. Report on the circumstantial statements of a host driver, report on detection of a host driver, and report on internal affairs (Conversion into the Tramark);

1. A report on whether to drive any dangerous motor vehicle;

1. Application of Acts and subordinate statutes of a medical certificate;

1. The punishment provided for in Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor for each crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant was aware of the fact that he was sentenced to a fine due to drinking driving.

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